When applying for a patent, an individual shall prepare the written request, specification, abstract, claims and other documents that should be submitted, submit the patent application documents to the State Patent Office, obtain the patent application number, and pay the patent application fee in accordance with the regulations. After the submission is completed, you can enter the examination stage, and you can get the patent after passing.
First of all, the process of applying for a patent is as follows
1. Original technical data and personal information provided by the applicant;
Entrust a patent agency, sign an agency agreement, and write patent application documents that meet the requirements of the patent law;
3. Submit the patent application documents to the State Patent Office, obtain the patent application number, and pay the patent application fee as required.
4. After preliminary examination, the application for a patent for this invention will be published in the patent bulletin and website 18 months after the date of application; According to the requirements of the applicant, it may also be required to publish it in advance at any time within 15 months from the date of application;
5. Enter the substantive examination stage: the applicant may submit a substantive examination to the Patent Office at any time within 3 years from the date of application, or submit a substantive examination after the patent application is made public, and pay the patent substantive examination fee as required;
6. After substantive examination, the patent conforms to the practicality, novelty and creativity of the invention, and the patent right is granted, and the patent application maintenance fee, annual fee, printing fee and certificate fee are paid in accordance with the regulations to obtain the invention patent certificate; The authorized invention patent will be published;
7. Where a patent for invention claims the priority of an earlier application, the relevant materials of the earlier application shall be provided.
Two, individuals can apply for a patent under the following conditions:
1. The application documents shall be complete: request, specification, claim, abstract, picture or photograph;
2, invention, should have three characteristics, the specific requirements are mainly that others have not applied, and the results have not been made public;
3. The national patent examination system is as follows: the application for invention patent adopts the system of early disclosure and request examination; Formal examination of utility model patents and design patents.
Three, apply for patent authorization need to prepare the following materials:
1. Documents such as request, specification, abstract and claim shall be submitted;
2, the request shall specify the name of the invention or utility model, the inventor's name, the applicant's name, address and other matters;
3. The specification shall give a clear and complete description of the invention or utility model, which shall be subject to the realization of the technical personnel in the technical field; If necessary, there should be drawings, etc.
legal ground
patent law of the people's republic of china
Article 26 Where an applicant applies for a patent for invention or utility model, he shall submit the written request, specification and its abstract, patent right and other documents. The request shall specify the name of the invention or utility model, the name of the inventor, the name and address of the applicant and other matters. The specification shall give a clear and complete description of the invention or utility model, which shall be subject to the realization of the technical personnel in the technical field; Attached drawings shall be attached when necessary. The technical points of the invention or utility model shall be briefly explained. The patent claim shall be based on the specification, and clearly and briefly define the scope of patent protection.
For inventions that rely on genetic resources, the applicant shall state the direct source and original source of genetic resources in the patent application documents; If the applicant cannot explain the original source, it shall explain the reasons.
Article 27 To apply for a patent for design, a written request, a picture or photograph of the design, a brief description of the design and other documents shall be submitted. The relevant pictures or photographs submitted by the applicant shall clearly indicate the design of the product for which patent protection is required.